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Custer County Republican. (Broken Bow, Neb.) 1882-1921, May 11, 1899, Image 2

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THE NEW LflWS Or NEBRftSKfl
A Digest of Bills Put Through at the Recent
Session of the Legislature.
LABORS OF LAW MAKERS SET FORH.
Election , School , Judicial and Other Enactments With Which
All May Become Familiar by Giving Due Attention
to What Appears in These Columns.
NEBHASICA HOI-I HUB.
S. P. 281 , by I'roitt or i , so : A resolu-
tlon to iirovitlo Tor the , .oscillation ol
medals to tlio oilleerH nail men of the
First , Second iijul Third regiments , Ne
braska volunteer liifuntry , und troop
" 1C , " Tlilnl United Status volunteer cuv-
ulry , In tlio Spanish-American war.
HoKolvcd , lly thu senate of thu Htntc
of NuhniHka , tlio house concurring thurc.
In , that tlio governor be. and Ini here
by authorl/cd to i-auso 4U1G nudnlH to bo
prepared with Hliltahlu imilileiimflc do-
Vlcwi , and to direct tli.it tbu Hainu liu Die.
Honied In tlio natno of tlio Htate or No-
braHka us iiilltablo tCHllinonlal In bi'hnU
of the Htalu In recognition of tlio patrl-
otlwm of HH cltlx.cn roldlpry ,
HOIIHO roll (73 ( , by Hpeolal rpiupst of
the governor Appropriates $ . ' ,000 for tlui
relief anil comfort ofuhe nick and wound'
oil Holdlers now member * of the Kirn I
and Third rpglmcntti of NobriiHka Infantry -
try volunteers. Tlio money shall be expended -
pendod under the direction of the govcr-
nor who Hhnll report the expenditure to
tlio legislature of 1931. Emergency clause ,
Appioved March 31.
ATTOllNKYS.
Senate lllu 103 , by Steele of Jcfforson :
To ainund sections lii und 19 , chuptur 7 ,
Blaluics of HiU7.
Amending section 1C , relating to dutlcu
of county aUornuya by adding tlio followIng -
Ing : "It ahull also bo his dtuy to appear
and prosecute or defend on behalf of thu
Hlatu and county all ouch units , applt-
cations or inotloiiB , which may buvu been
traiiMfurrod by change of vunuu troin bin
county to any other county In thu state ,
provided' further , that itny counaol who
may luwu been assisting the county ut-
tornuy In such suits , applications or mo-
HoiiH In his county may bo allowed to
assist In any other to which said cause
lias been removed. "
Amending suction 19 , relating to nul
lifies of county attorneys : " 1'rovlded fur.
thur than In all cases wherothocouniyut-
torncy has been engaged In the courts
of another county upon any HUltH , nppll-
cations or motions , either civil or crimi
nal In which the state or county IH a par
ty or Interested , which have been trans-
foired by chnngg of vcnuo from his coun
ty to any other county In the state.
he Hhall bo allowed all his reasonable and
necessary traveling and hotel expenses
whllo so engaged In addition to Ills rogu-
alr salary. .Said tiuvolfng and other ex
penses shall bo paid to him upon the
presentation of hlH bill for the same ac
companied by proper vouchers , to the
county commissioners or ( supervisors of
bin county In like manner as provided
in all other cases of claims against the
county. "
Emergency clause. Approved March 22.
Senalo Illo 33 , by Talbot of I ancaster ,
To Amend sections \ and 11 , chapter 7
of tlio compiled statutcn , entitled "At
torneys. " by Inserting the words , "dis
trict Judge , " In the list of portions who
shall not bo permitted to practice na nn
attorney of the courts of this Htate , oren
on any matter brought lioforo himself
or appealed from his decision to a hlgnar
court.
CIUMINAL CODE.
Senate Hie 1C , by Alexander of Adams :
Relating to olfonscs against killing game ,
to amend sections Mjb , iCc , Wid , ot chap-
tar 11 of the crlmtoul codu and to re
peal sal dsectlons nnd to repeal section
t p.
Section SGb la amended by striking
from the hat of pioteclcd gccsu and
ducks red headed duck blue bill or Bcaup
duck , plover. Wilson or Juckanluo or
woodcock. The closed season remains nn
before , between May 1 and September 1.
Section bGd of the present low , relat
ing to hunting water fowl. Is amended
by striking out thu following : "And It
ulmll also bo unlawful lur any person at
uny tlmo of the year , to dig , build , or
construct unV blind , Iiullng plaoe , or
structure In the bed of uny rlvor , streamer
or lake with the Intent to catch , kill ,
'
wound or destroy any of said birds' , or
at .uny tlmo of the your to shoot or shoot
at any of said birds from any such blind ,
hiding plnco or structure. " The penalty
for violating this section relating to hunt.
Ing water fowl by the aid of a big-gun
or by boat at uny tlmo of the your Is
changed to read not less than $5 nor
moro than $20 , or Imprisonment In tlio
county Jail not moro than thirty days.
Section Mil is amended by striking out
plover , woodcock , Wilson or Jacksnluo
from the list of birds that It Is unlawful
to sell or have in onu's possession or for
any corporation or company to sell or
have In their possession between May 1
and September 1 of each year.
Section S8e , making It unlawful for any
railroad or express company to rccclvo
or carry as freight , baggagu or express ,
any of the birds or animals described In
the game law , Is repealed.
Emergency clause. Approved March 7.
Senate file 44. by Miller of Buffalo : A
retmactment of chapter 77 , session laws
of 1S93 , 117a of the criminal code , to
punish cattle stealing , thu same having
boon Irregularly panned In 1&93 ;
Boctlon 1. If any person or persons
shall steal any cow , steer , bull , heifer or
calf , of any value , or It any person shall
receive or buy any cow , steer , bull , heifer ,
or calf that shall have been stolen know
ing the same to have been stolen , with
Intent by such receiving or buying to
defraud the owner , or If any person shall
conceal any such thief , knowing him to
* * iuch , or If any person shall conceal
any cow , steer , bull , nelfer or calf ,
knowing the same to have been stolen ,
every such person so oficndlng shall bo
Imprisoned In the penitentiary not moro
than ten years nor less than one year ,
und shall pay the costs of the prosecu
tion.
tion.House
House roll No. CS. by Beverly. An act
to limit and regulate the employment
of children , In manufacturing , Industrial ,
mechanical and mercantile establish
ments to provide a penalty for Us viola-
lion and' the enforcements of lu pro-
this act to be known as sections 2l5aa ,
visions and the repeal sections 245aa ,
245bb and 245cc of the criminal code of
the state of Nebraska ; the provisions ot
this act to bo known ns sections 245au ,
245bb. 245cc. 215dd , 245eo nnd 215ft of the
criminal code of the Btnto of Nebraska. I
Section 245aa. That any male or female
child under the ngo of ten years shall I
not be employed In nny manufacturing ,
mechanical. Industrial or mercantile es I
tablishment.
Bection 245bb. That any male or female i
child under the ngo ot lourtcon years
shall not be employed In any manufactur
ing , mechanical , Industrial or mercatllo
establishment , except during the vaca
tions ot the public schools ; unless during
the year next preceding such employment
ho has for a * , least twenty weeks at
tended some yubllc or private day school
whore the Knglish Is taught ; nor shall
employment continue , unless such child
shall In each and every year attend
school as herein provided , and no child ,
Hhall bo so employed wno does not present - ;
sent a certificate signed by the president , '
and secretary of the school board of tha
school district in which ho resides , of his
compliance with the requirements of this
section. Nor shall any owner , superin
tendent or overseer of any such estab
lishments , parent or guardian consent to
or permit the employment of nny child
contrary to the provisions of this law.
r. flection -Al-8UperlntondontB | of osw
tabllshmcnts coming nder the act shall
keep for Inspection records of ago , birth
nnd residence of every male nnd female
child , giving amount of school attend
ance.
Section 245cc 1. The penalty for violating
elating the act clrnll be a fine of not
Jess 'titan $20 or moro than $50.
Bection 2l5cc The deputy labor com-
mlssloncr Is given special authority to
enfoico the net.
House toll in , by Mann ;
Section 1. U Hhnll be unlawful for any
person to plow up or upon any public
1 highway In this state wltnuut the consent
or direction ot the ovciscir of roads.
Section i ! . Any punion Mulntl3g the pro
visions ol this act Hlmll upon conviction
le ) lined not less than $5 nor more than
U' . ' .
House roll 43 , by Grniidstafl' . Amends
section 20b , cilinlnul code , nnd tupi-aU
wild section. The bill removes the welds
"In a utale of adultery' uhurcver they
upponr In the suction.
House roll 37 , by Hastening. Amends
Bcc'tlun 125 chapter f > S of the criminal codu
of Nebraska of is"i : , and to repeal unltt
oilglnal section ll'u of chapter bS of the
criminal code of Nebraska of 1&73 , und to
ippenl section JW of chapter 31 of the
criminal code of Nebraska of ISM , and to
repeal section 125 of chapter 15 ot the
criminal code of Nebraska of 1SS7 , und to
repeal section 12j of chapter 1C Of the
cnmlnal cede of Nebraska of Ii91.
The bill re-enacts the law providing
n penalty , for obtaining money under
I also pretenses nnd extends th& crime
to persons stealing from u"corporutlon ,
association of parnorslitp. "
House roll 1M , by W. T. WIIcox :
Section 1. That up , company , corpora *
tlon or person operating a railroad In
whole or In part , within the state of
Nebraska , Hhall penult or require any
conductor , engineer , fireman , brakeman ,
telegraph operator or any trainman who
has worked In his respective capacity for
eighteen consecutive hours , oxcupt In
case of casualty , or unavoidable emergen
cy , to again go on duty or perform any
work until hu has had at least eight
hours ot rest.
Section 2. Any company who shall vlo-
late this act shall 1m Ilnnl not less than
$ W ) nor moro than $200 , for each and every
violation of this net [ .provided , however ,
that the proceedings'to enforce the pon-
nlty , ns approved In this act. Hhall bo
commenced within six months from the
dutii of the violation of the same.
House roll 1 2. by Ueverly.
Section 1. Thnt no female slmll bo em
ployed In nny mnnufncturlng. mechanical
or mercantile establishment , hotel or res
taurant In this stale , more than sixty
hours during any one week and that ten
hours shall constitute n day's labor. The
hours of each day may be arranged us
to permit the employment of such fe
males at any time from G o'clock a. in.
to 10 p. m.
Section 2. 12vory employer shall post In
n conspicuous place In every room wlioro
such females are employed a printed
notice , stating the number of hours wont
tequlrod of llipm each day of the wo K.
Section & . Every employer shall provk'e
suitable seats for the females so aiii-
ploycd , and shall permit the use of BUCII
sonts by them when they nre not noeej-
surlly engaged In the uctlvo duties 'cr
which they nro employed.
Section 4. 1'rovldes a penalty for vlo-
intlng the net.
House roll No. C3 , by Ilurman.
Section 1. Any person or persons who
loan money upon deposits , or pledges of
personal property or other valuable thin * ,
or nny person , persons or corporation
who loan money upon chattel property for
security , nnd requite possession of the
property so mortgaged on condition of
lotnrntng the same upon the payment of
a stipulated amount of money , Is hereny
declared to bo a pawnbroker , or chattel
loan broker , for the purpose of tills enact
ment.
Section 2. Every person , firm or corpor
ation engaged In the business of pawn
broker or chattel loaning shnll pay 10
the city or village tmisuror for a llcer.no
to carry on the same the sum of $100
per year or $50 for every six months , In
metropolitan cities , but In all other cl'.lus ,
towns or villages the sum of $50 per
year or the sum of $23 for every six
months , such a license to be obtained in
the usual manner. Such person or Tirm
shall pay said sum and give bond to city.
town or village In which ho Is to do busi
ness In the sum of $5 , < X)0. ) with surety
to bo approved by the mayor or Its chief
executive officer , conditioned for Ue
faithful performance by the principal , cf
each and all the trusts imposed by law
or by usagu aunt-hod to pawnbrokers , or
chattel loan brokers , provided , that no
license fee shall bu exacted In munici
palities which Impose a license fee on
this business by ordinance.
bection 3. No person or firm shall ho
allowed to do business In moro than ono
place under one * license.
Section 4. All persons who shnll bo
engaged In the business shall keep n
book in which shall bo legibly wrlttdn
In Ink , ut the time nny loan or purchase ,
an accurate account ot description , "it
the Knglish language , of the goods
pawned , pledged or mortgaged or pur
chased , the amount of money loaned .r
paid therefor , the time the same woa
received , and the name , residence and
description of the person pawning , pledg
ing , mortgaging or selling the same ,
which book , us well ns the article pawned
or purchased , shall bo at all reasonable
times open to the Inspection of the mwoc
or any member of 1.10 police department ,
or any oJIlcer of the law.
Section 5 provides for a dully report to
the police department.
Section C. No personal property re
ceived on deposit or purchase by any
pawnbroker , chattel loan broker , dealer
In sccond-hnnd goods or Junk dealer , shall
bo sold or permitted from the place of
business of such person for the spui-o
of twenty-four hours after the copy and
statement required to bo delivered to the
chief police ofllcer shall have boon dellv-
oicd as required by tectlon 5 of this act.
Section 7 excludes Sunday ns a wurKIng
day for thosu coming under the net.
faectlon 8 provides a penalty of between
* oO and J100 for violating the act.
Section U. It shall bo unlawful for any
broker , ngent or dealer mentioned In
this net to sell nny .goods so pawned to.
or received by him , during the period
of six months , from date of pawning
or receiving such goods ; nnd after the
expiration of four months us aforesaid
nu may sell any such article to thu
highest bidder therefor after llrst having
posted a notice of said sale ono week
In n conspicuous place of business where
such article was pawned or received , erIn
In the place where such broker or dealer
Is then located because of having changed
his place of business , gavlng in said no-
tlce an accurate description of the arti
cles or goods to bo sold , nnd the date
nnd the hour that said sale Is to begin ,
and also after having endeavored to no
tify the pawnor of such goods nt least
ono weak before the tlmo set for such
Bale , that same would be sold. Said sale
may bo adjourned from day to day for
want of sutllclent bidders. Snld sale slmll
i vest the title to said property in the
' purchaser.
i House roll No. 318 , by Flynn , repeals
sections 4 , 5 and C , chapter 3'J , compiled
I statutes , nnd creates new sections.
Within six months after the passage
of this act all buildings In this stuto ,
four or moro stories In height , excepting
prlvato residences exclusively , but In
cluding llats nnd apartment buildings ,
shall be provided with ono or moro
metallic ladder or stair llro escape at
tached to the outer walls und provided
vltn platforms of such sl/o and dimen
sions , und such proximity to one or more
windows of each story above the llrst ,
as to render access to such ladder or
btalrs from each such story easy and
safe , and shall also bo provided with
ono or moro automatic mntalllo tire escapes -
, capes , or other proper device , to be at-
1 tached to the Inside of said building so
I as ( o afford an effqctlvo means of escape
to , ttll occupants who , for nny reason ,
Laro , unable , to u o nold ladders or .stairs ;
I the number , 'material , locutldn and con-
tructlon of i/uch / escapes U V eubj t
to tiin nppiovnl ot the conitnluulnner of
labor or nix dpputy ; provided , however ,
thut Kit hulldltiKH more limn two utorles
In height , lined foi innnufucturlng pur-
pone , or for hotelx , dormttorleR , schools ,
nominal t , Iioxpltnl3 , or asylums , Hlmll
hnvo nt lent ono Hitch fire cncapo for
every fifty persons , and ono such nut' '
malic metallic eiTcnpe for uvpry twenty-
live pcr oiiH , for which woiklng , sleeping
or living accommodations me provide i
nbovo the second Hlorl-H of paid buildIngs -
Ings ; nnd thai nil- public hulls , whlcli
provide Beating room above the first 01
ground story , Hhall be provided with sticli
numbers * of said ladders or other lire
cHC/ipcB as said commissioner of laborer
or his deputy shall designate.
The duty of the rommlnsloner of Inbot
nnd his deputy shall be to nerve notice
on owners of Buildings not ptovldcd with
llro escapes nnd lo command their erec
tion In thirty days. 11 rand juries nre
empowered to look Into cases nf neglect
to put up tlio file escnpes. failure to
erect u lire i-wr-ipo on notice shall meet
with a line of fiom $25 to (200 nnd to n
further line of ? 30 for every additional
wppk of noglpct to comply with the law.
Thp commissioner of labor nnd hta
deputy shall have supervision of the erec
tion of nil lire pscupos , und none shnll
ho erected excppt by n written permit
from him. Applications for permits to
construct fire esrnpes shall bo tiled with
the commissioner of labor , giving descrip
tion of the building , and In return for
this the permit Id to be Issued.
' 4 conis.
Senate file No. C2 , by Fowler of Fill-
mole. To amend section Iu3 ! > , civil code ,
relating to the transfer of replevin suits
to the district court , l > > adding the fol
lowing to wild section :
In cnso wlicre the appraised value of
the property HO taken Is less than $2W
und n trial Is begun before the justice ,
nnd In ease the Jury agiee upon a ver
dict finding the value ol the property so
taken to bp more than ? 20J , or In case
n Jury If wnlveil unit the cnso tried to
the iiisllco and ne llnd that the vnluo
of the property so taken exceeds $2'X ' ) ,
then In either cnso no Judgment shall
bo entered and nil Hiiupquunl proceedings
shall cease before Ihc Justice , and he shall
certify the proceedings to the dis
trict court In U\e \ same manner ns pro
vided for In this section where the
npptulsod value of the property taken
exceeds the sum of $200 , nnd the same
proceeding ! * shnll be had In the district
court UH u case certified up by the Justice
whan tlio npprnlwptJ value of llio property
UKen exceeds $200.
Senate fllo No. 21 , by Fowler of Fill-
more. To repeal sections 917. 918 , 919 , 920 ,
921 , 922 , 923 and 921 of the civil code relat
ing to arrest bpfore and after Judgment.
House roll No. 9.1 , by Weaver. To amend
section COla , civil code , und to repeal
the section before existing.
Section 1. That section Coin of the code
of civil procedure , bo amended , so as
to rend ns follows :
Section COln. A complete record of every
origlnnl clause in the supreme court , ns
soon ns It Is finally determined , shall be
made by the olerk of such court , unless
iKHh parlies shall declare In open court ,
nt" the * term ut which the final order or
judgment shnll be made or hearing had ,
their agreement that no record shnll be
made.
House roll No. 234 , by 'Olmstcd. Adds
to section C of the civil code the follow-
" 1'rovldcd. however , that there shall be
no limitation to the tlmo within which
anv county , city , town , village or other
municipal corporation may begin nn ac
tion for the recovery of the title or pos
session of. any public road , street , alley
or other public grounds or city or town
lots. "
House roll No. 31 , by Evans. Amends
scoctlon C02 , code of civil procedure , relat
ing to proceedings to reserve , vacate or
modify Judgments and orders In courts
In which they are rendered by striking
the words , "married woman , " from the
following : "For erroneous proceedings
against an Infant , married woman , or
person of unsound mind where the con
dition of such defendant does not appear
In the record nor the error In the pro
ceedings. "
House roll No. ES , by Weaver. An act
concerning compensation of receivers.
Section 1. Hecelvers shall receive for
their services such compensation as the
court In Its discretion may award , subject
to the following restrictions :
First , receivers appointed for the pur
pose of preserving and protecllngproperty
pending litigation , or lor the purpose of
continuing the business of the debtor or
corporation pending litigation , or when
financially embarrassed , may bo awarded
a salary or lump sum.
faecond , receivers appointed for the
purpose of winding up the affairs of a.
debtor or corporation , reducing the assets
to cash nnd dlstrlbutln them , shall be
awarded a percentage upon the cash
received nnd properly accounted for by
them. Which percentage may be In
creased where oxtrnoidlnary services
hnvn boon performed , and correspond
ingly reduced where the services hove not
been meritoriously performed.
CUUATIVI3 LEGISLATION.
Twonty-thrco bills passed were curntlvo
acts. They are so designated by attor
neys because they cure defects In present
laws. The most common defect , as
shown by foot notes In the compiled
statuteIs the absrjice of repealing
clauses. The courts r ive held that when
un amendatory act Is passed the bill
must designate the section sought to be
amended and also repeal such section.
Some Important sections In the statutes
have been declared unconstitutional , be
cause legislatures have not followed this
plan of repealing sections sought to be
amended. Lawyers deem Uie curat've
acts umong the most Important passed
by the legislature , Some of the curative
acts merely strike out words that have
been abrogated by decisions of the courts ,
or correct palpable errors that occutrcd
in times past In the enrolling room , such
ns the misspelling of a word or the substi
tution of u wrong word. The following
are the curntlvo acts passed :
Senate { lie No. 121. by Reynolds of
Dawos , attaching a repealing clause to
section 02 , criminal code , relating to Bat
ting lire to woods and prairies.
bennto Illo No 117. by I'rout of Gage ,
attaching tt repealing clause to section
592. civil code , relating to limitation of
tlmo In which judgments ma > be enacted
or mcdltlcd.
Senate Illo No. 113 , by Trout of Gage ,
attaching a repealing clause tu section
522 , criminal code , relating to Imprison
ment at hard labor.
Senate tlio No. 90 , by I'rout of Gage ,
attaching n repealing clause to section
It * , civil code , i elating to veiillcatlon ot
pleadings by affidavit.
Senate ( He No. 5S. by Talbot of Lan
caster , attaching a repealing clause to
section 12 , chapter 0 , statutes of 1S97.
relating to registration of county bonds
by the stuto auditor.
Senate tile No. tu , by Prout of Gage ,
attaching a repealing clause to section
141 , civil code , relating to amendment of
pleadings by the court In furtherance
of justice.
Senate Ille No. 97 , by Prout of Gage ,
attaching n repealing clause to section
JiO. olvll code , relating to contempt.
Senate tlio No. H4 , by Prout of Gage ,
attaching a repealing clause to section
W , criminal code , relating to Injuries to
ornamental treps on commons and streets.
Senate Illo No. 143 , by I'rout of Gage ,
attaching a repealing cHuso to section
M , criminal code , relating to stealing or
Interfering with bees und honey , and
tlxlng the liability to the ii.it ty Injured nt
all damages received" Instead of "double
dartinges.
Senate tile No. 11" , by Prout ot Gage.
attaching repealing olnu.-ios to sections 602
and b3 , civil code , i. 'latins to paitltlon
tind sorvlco upon defendants In partition
11 ults.
Senate file N.O. US , by Prout of Gage.
attaching a repealing clause to section
116 , criminal code , relating to stolen
goods.
Senate nlo No. 150 , by Rocek of Lan
caster , attaching a repealing clause to
the sale o ( or allowing diseased animals
to run at large.
Senate Ille No. 151 , byllocko of Lan
caster , correcting an error In section SJ2.
civil node , relHilng to Bale of mortgaged
premises , by changing the word , "specu
lation. " to "execution , " the original bill
Imvhitf been Incorrectly enrolled.
Bohute Ille No , 151 , by Prout of Gage ,
attaching n repealing clause to section
25 , criminal coJo , relating to carrying
concealed weapons.
ISenate nlo No , 157 , by Prout of Gage.
attaching a repealing clause to section
26. criminal code , relating to unlawful
nmombly.
Sunatn file No. 153 , by Prout of Gage ,
attaching n repealing clause to section
8 , criminal code , to tiUleia und abettors
In prize lights.
Senate Ille No. 153 , by Talbot of Lan
caster , attaching a repealing clause to
section 140 , criminal code , relating to the
lululteratlon of liquors and the sale of
the same.
Bonato , rtle No. 8 , by Owens of Dawson ,
attaching n repealing ; clnusd to section
6. chapttr 12. eututea of Ib37 , relating to
the time nnd place of the xnlr of property
taken nndei chattel mortfiee.
Konnte Ille No. 125 , by Heynoldn of
I'11 WPS , tilt idling ipjipiillntr rlnimi'H to
KpctlniiH 8 3 , 324 nnd 327 , 'lvll oed , % , relat
ing to procuodliiRH before the coutt , trial
docket and order of trial , and repealing
nctlon .T.'Ip , which Is practically the same
nn Hcctlon 327.
Senate Ille No. 129 , by Tnlbot of Lan
caster , attaching n repealing clause to
section Sib. civil code , relating to service
of noticebefore , taking depositions.
Senntp Ille No. HO , by Prout of Gage , to
emend section W.i , civil code , iclatlm ; to
modification of judgments , by Htrlklim
out the words , "married women , " the
same having been abrogated by the
courts.
House roll No. 22 , by Lane. Amends
sections 30 and 31. chapter 23 , part II ,
revised statutes , being sections 30 nnd 31 ,
chapter 31 , compiled statutes , by supplyIng -
Ing a repealing clause ,
Ilouao roll No. 21 , by Lane. Amends
section 20 , chapter 31 , compiled statutes ,
relating to guardians nnd wards , supplyIng -
Ing a repealing clause to the original
act. Approved March 7.
EMBALMING.
House roll No. 170 , by Armstrong.
Section 1. It shall bo the duty of the
Btnte board of health within sixty days
after the passage of this act to appoint
a board of secretaries or examiners for
cmbalmcrs. Said board shall consist of
three members.
Section 2. No person shall be eligible
as member of said board who has not
been engaged in the business of. and
practiced embalming In this state for n
period of at least flvo years npxt preced
ing said appointment. The teims for
which the members of said board shall
bold their ofllee shall bp three years ,
excppt that the members of the board
flr. it to be unpointed under this net shall
hold their olllce for the tprm of one , two
and three years , respectively , and until
their successors shall be duly appointed.
Section 3. The board shall meet and
organize within thirty days nnd shall
meet at least once a year. The records
shall be kept at the olllcp of the state
supuilntcndent of public Instruction.
bection I. All persons engaged In em
balming In the state for one year shall
havu a ccrtlllcato on furnishing proof
nnd paying $5 for the same. The cer
tificate must bo secured in six months.
Section G. No person not registered
alter six months may practice embalming
until certificate is secured.
Section C. Examinations shall bo given
to any person at the regular meetings
of the board.
Section 7. An annual fee of $2 Is re
quired of all persons practicing embalm
ing.Section
Section S. All certificates shall be reg
istered In the ofllee of the county clerk
of the county In which the party holding
It resides , for which the clerk may charge
U > cents.
Section 0. Every applicant for exam
ination shall pay the board of examiners
$10. Each member shall receive fa per
day for each day actually employed , to
other with all traveling expenses , nnd
may receive such further compensation
us the board may determine , all to come
from the fees nf the office.
Section 10. The secretary and treasurer
of the board shall make an annual report
to the auditor. Any surplus over salary
and expenses shall bo paid Into the state.
Section 11. Violations of the act shall
bo misdemeanors and the penalty shall
be a fine of between $25 and $100.
BARBERS' BILL.
House roll No. 271. by Olmstcd.
All persons following the occupation of
barber In the state shall obtain n certifi
cate of registration. The barbers' exam
ining board , consisting of the governor ,
attorney general and auditor , shall In
sixty days appoint three examiners or
secretaries , appointed one for one , one
for two and one for three years , two of
whom shall be recommended by the bar
bers' protective association. One of the
secretaries shall be a practicing physi
cian who shall have been practicing his
profession five years prior to appoint
ment. The secretaries shall give bond In
the sum of $3,000.
The board shall adopt rules with refer
ence to precautions to prevent creating
and spreading of Infectious and con
tagious diseases. Public examinations
by the secretaries shall bo held , notice
of which shall be given.
Within sixty days from the passage
of the act all barbers on making satis
factory showing may secure a certificate
or $1. After that time an examination
will bo ifecessary at nn expense of $3.
The board of examination will not Issue
u certificate till satisfied that the appli
cant is nbovo the ago of eighteen years ;
ot good moral character , free from con
tagious or infectious diseases , has either
studied the barbers' trade for two years
as nn apprentice under a nunlllled and
practicing barber'or studied nt least one
year In a properly appointed and con
ducted barbers' school or college , or prac
ticed nt the barbers' trade In another
state for at least two years , and Is pos
sessed of the renuislto skill In said trade
to properly perform nil the duties and
services Incidental thereto , and Is pos
sessed of sufficient knowledge concerning
the common diseases of the face and
skin to avoid the aggravation and spread
ing thereof in the practice of his trade.
Certificates shall be good for a year.
Apprentices may serve in barber shop-i
but not over one apprentice to three
barbers. All barber colleges must keep
up a sign giving evidence of the fact.
The board may revone a certificate for
conviction of crime , habitual drunken
ness , gross Incompetoncy und contagious
or infectious disease.
The fees are to be distributed among
the secretaries of the board and they
are to receive no moro than the fees
of office. The board of secretaries may
hold examinations anywhere in the state
they see nt. Penalties for violation of
the net are provided.
ANIMALS.
House roll No. 817 , by Klsher. Repeals
chapter 61 , compiled statutes.
Any person or persons having cattle ,
hogs , sheep , horses , mules or asses , shall
have the right to adopt a brand or murk ,
for the use of which he shall have the
exclusive right in this state , after record
ing such brand or murk uu hereinafter
provided.
ihat for the purpose of creating a
state brand und murk committee , und
state registry of brands and marks , it
shall be the duty oftho governor to ap
point three reputable stock raisers , who
shall bo chosen from those largely Inter
ested In cattle , who shall hold their of-
llco for a term of two years. Said three
persons so chosen , together with the sec
retary of state , shall constitute a state
brand committee. Said committee shall
meet at least twice each year and nt the
office of the secretary of state , and us
often ut the call of the chairman as is
necessary.
A record shall be kept by the sccretarj-
of state of all brands and a fee of $1.50
shall be charged for jecordlng nuch
brands. Twenty per cent of these fees
shall bo paid each member of the state
committee and 20 per cent shall constitute
a fund to defray the expenses of the
secretary of state Incurred under the
act.
act.No person shall ndopt a brand previous ,
ly recorded. The committee shall decide
whether brands ottered for record con
flict , provided that no brand shall bo ac
cepted described us being of either side
of the nnlmtU and that n brand described
as being on both sides may be accepted.
Where two brands are similar the com
mittee shall dpcldo ns to priority of own
ership nt its regular meeting. The party
thus losing his brand shall not thus have
his ownership of stock In any way In
validated , the object of the act being to
make Illegal nnd pnjoln from the luther - -
ther use of the brand.
Owners of cattle bringing them to n
county for grazing shall submit the
brands to thp committee to obtain per
mission to use the same and assurance
that It does not conflict with others and
the owner mny be enjoined from the
use of n conflicting brand.
Provision ns to "Incoming stock grow
ers" nnd "brands to bo rejected by com
mittee' nre ns In the old law.
The following penalty Is attached :
"Any person or persons who shall violate
thp provisions of this act shall be deemed
guilty of mlsdemennor , nnd upon convic
tion shall be punished by a flno of not
exceeding $1.W ( ) or by imprisonment In
the county jail for a term not i-xcppdlmt
one year , or by both mien linn and Im
prisonment , in tha discretion of the court
Senate flic 136. by Crow of Douglas ; To
amend section 16 , chapter 4 , article 1 ,
compiled statutes of 1S97 , to read ns fol
lows :
Section 16. That dogs are hereby de
clared to bo personal property for all
Intents nnd purposes nnd the ownnr or
owners of nny dog or dogs shall be liable
for any nnd nil damages that mny accrue
to nnv person , firm or corporation by rea.
son nf nuch dog or dogs ktlllne , wounding ;
worrying or chnsjpi ; nny sheep or pther
domestic nnlmnls nPlonglng to such per
son , firm or corporations and ftch dam
age be rcccovorud from an ; court having
JtirlH lletlun of the amount chilmed.
House roll 156 , by U'llcox. Amende mi -
dlt-lttlon U > , HPcllun 90 , article 1 , chapter
14 , cornpltrd titalutcs and repeals auction
nt ) existing.
Section i. In cities of sccnd chiss , lax
on do * ; * I * puc d at from $1 to } 3 In-
mend of from 53 to J10 us In previous ! )
existing law.
IU5A1. ESTATE.
IIouvo toll 19" , by lA-mar. To legally. *
all oaths nnd alllrmutlons huretofoio ad
ministered und nil uckiiowlcdgi'tnontH
heretofore taken by commissioners of
deeds In the legal form nnd which have
no certificate of the becretary of stale
ns requited by section 30. chapter 73 ,
compiled statutes , If In other respects
they nro In regular form.
APPROPRIATION BILLS.
House roll 2SO , by Uetweller. Appropri
ates $25,000 for the construction nnd tur-
nlshlng of a three-story brick and ston ;
school building tit the Institute for th ;
deaf and dumb nt'Omaha. The sucoessiui
contractor shall file u (20,000 bond for tlu
faithful performance of the work. Tim
board of public lands and bulldlngd slmll
appoint n niiperlntpnrtent , with a eini > en-
sutlon of $ t u day. I'lftron p i cunt 01 the
vontrnct shall be retained ti.l completion
of thp work.
Hoiihu roll 275 , by LtitWBll r. Approprl-
nling $7,700 for thu cunUuiUion 01' a boil
er , engine , coal und pump house at the
ItiMllttito for the denf nnd dumb nt Om
aha. One brick nnd stone boiler houss
shall be erected which shall bo equipped
with four boilers for heating purposes
of the Institution together with onglna
room , coal bins , electric lighting plant and
pump house belonging thereto. Bids shall
be advertised for within thirty days. The
bond required of the successful bidder
shall not exceed $20,000. Fifteen per cent
of the price shall be retained till tlnal ac
ceptance.
Emergency clnuse. Approved April 3.
House roll 351 , by Zellors. Appropriates
$1,500 for the purpose of creating an
emergency fund to be used ns occasion
may require by the state board of health
In the suppression of epidemics and the
prevention of diseases and protection of
human life In Nebraska.
When the public health Is threatened
the board of health may pass a resolu
tion setting forth the tacts and giving
un estimate of the expense necessary to
light the disease which when approved
by the governor und attested by the at
torney generul shall be tiled with the au
ditor who slmll draw a , warrant on tha
treasurer for the amount approved.
The emergency fund shall be available
for th payment of bills contracted by
the board lor the suppression of the recent -
cent epidemic of smallpox In the 'siato.
Emergency clause. Approved February 25.
House roll 121 , by Thompson of Mer-
rick. Appropriates J40.00J for the payment
of the Incidental expenses of both houses
Including printing , postage , stationery ,
fuel , light and other . peclal expensei
which may bo lawfully Incurred by either
house. Emergency clause. Approved
January 23.
House roll S , by Evans.
yeotjon 1. To appropriate $3CV 0 , to
erect ono ! threo-story brick , } stone nnd
iron Hreproof building . . with Jstone baser
nient , on thu.grounds of "the asylum for
the chronic Insane at Hastings to accom
modate not less than 200 nor more than
"
22j patients , and to conform in architect-
urnl design to the buildings now In uue
on the said grounds.
Section 2. The board of public lands and
buildings shall advertise for bids.
Section 3. The board shall accucpt the
lowest responsible bid.
Section 4. The successful bidder ahull
execute a bond to the state In the sum
of $25,000 for the completion of the work
according to contract und the payment
of all labor claims.
Section 5. The board shall appoint a ,
superintendent to see that plans are fol
lowed and to return monthly statements
Of Work dniln. Tim snnBrlntonrlpnl'o Imnil
shall bo In the sum of $10.000. His com
pensation shall be $5.00 per day.
Section 6. The building shall bo com
pleted by October 1 , 1900. At Its comple
tion SO per cent of the amount shalf be
paid , the balance to bo paid when flnal
estimate Is made.
Section 7. The superintendent is quail-
fled to act In the absence of the board.
bection 8. The tieasurer shall pay war
rants for the work.
House roll No. 290 , by Dlttmar , appro
priates $10.000 for a building nt the Lin
coln hospital for the insane. Contractors
shall give a $40,000 bond to insure com
pletion of the work. The board of public
lands nnd buildings shall appoint a
superintendent whose compensation shall
bo not over $5 a day. Twenty-five per
cent of each estimate is to be retained
till the work Is completed and accepted.
House roll No , 457 , by Murray , appro
priates $3,1S2 for the relief of Thurston
county for the purpose of liquidation of
Indebtedness Incurred In the prosecution
of W. C. Ream , und J. Sidney Good-
innnson , for felonies , and other trials.
House roll No. COO , by pommlttees on
deficiencies. Appropriates $45,981.93 out of
the general fund for the payment of Items
of indebtedness owing 'by the state.
Emergency clause. Approved April 5.
House roll No. 9. by Evans. Appropri
ates $15,000 out of the general fund for
the purpose of erecting and furnishing
ono boiler and engine house , oold storage
room , new wells and air lift pump for
the asylum for the phrenic Insane Rt
Hastings. The board shall advertise for
bids immediately. A good bond Is required
troni the successful bidder , to bo accepted
by tlio board of public lands and build
ings.
Emergency clause. Approved April 3.
House roll No. 3&0 , by Young. Appro
priates money belonging to the state
normal school library fund on March 81.
ISM. and all sums accruing till March
31 , 1S91 , for the purchase of books for
the institution.
Emergency clauso. Approved March 28.
House roll No. 418 , by Grafton. Appro-
pi latos $5,000 to be expended under the
direction of the board of education of
the state normal school for a stand pipe
for protection from tire ; to enlarge the
heating and lighting apparatus and to
aid in furnishing the new chapel at the
state normal.
House roll No. 295. by committee on
soldiers and sailors' home. Appropriates
$13,500 to purchases the site of the sol
diers' homo at Mllford. being 35 auma ,
together with brick building and the
appurtenances thereto , and requires a
valid title and surrender of lease. The
board of public lands and buildings makes
the purchase.
Emergency clause. Approved March 31.
House roll No. D3S , by Harris. Appro
priates $0,000 to erect and equip a new
building to bo used as n shop , gymnasium
nnd laboratory and for building a barn
at the Institution for the blind at Ne
braska City. Bids shall bo advertised
for on or before Juno 1. The shop Is not
to exceed $3,500 nnd the barn not to cost
more than $1,000.
House roll No. 599 , by committee on
tfeflclenclos. Appropriates $ : ' 25.C2 from the
state library fund for payment of Items
of Indebtedness owing by stute for claims
lot books.
Emergency clause. Approved April 3.
House roll No. 333 , by Chlttonden. Ap
propriates $ IS,500 for four new buildings
at the Beatrice Institute for the feeble
miiKieu youtn. Kstlnmto for two now
bulldlngf. S27.WO ; furniture for two now
buildings , $2.50 ; bakery , kitchen , brush
shop nnd laundry. { C.OOO ; kitchen furniture
nnd utensils for new kitchen , $1,000 ; now
machinery for new laundry. Including
Bas engine , $2,500 ; two new boilers , $2 00) ;
water and steam fixtures , $2,500 ; dam at
water works. $1,000 ; replacing plumbing ,
J2.000 ; new engine. $1.000 ; new dynamo.
$1.000. Bids shall bo advertised for within
thirty dp.ys.
House roll No. 444. by committee on
finance , ways and means. Appropriated
$ Si3..H' ' ) for the payment of salaries of
otliceru of the state government.
Emergency clause. Approved April S.
llouso roll No. 501 , by committee on
finance , ways and means. AppropMntea
$1.0iX.055 for the payment of the current
expenses of the state government for
years ending March 31 , 1900 , nnd .March
SI , 1901.
Emergency clause. Approved April 5.
House roll No. 003 , by claims committee.
Appropriates $75,913.49 for the payment
or miscellaneous Items of Indebtedness
owing Ly the slat * of Nebraska.
House roll No. 010. by Grafton. Appro
priates J25.000 to Lurchase. pay for and
fnrnlMi un executive mansion. Within
thirty days the board of public lauds
und bulldirgs shall advertise for DiJs
for proposals for sale to the state of a
dwelling house properly located In Lin
coln for nn executive mansion to be occu
pied by the governor. The board Is nu-
tljorlzed tp purchase .sucn a residence as
scums fit. The board ahull bo furnlihad
a complete abstract of title. After the
purchase the board shall furnish tha
premises suitable for nn executive man
sion .iuxd the Jamo. shall be occupltd by
"
the governor" . Emergency clause. Ap
proved April 1 ,
llondflinon Are Held Liable.
The supreme court handed down an
opinion in the case of the bondsmen "
of ox-Oil Inspector L. P. Hilton against "
the Htate of Nebraska , lu which the
plaintiffs sought to be released from
liability on the bond , judgment having
been rendered against them In the
lower court. The judgment , which was
for ? GC22.CC , Is revotscd and the case
remanded with direction to the district
court to render judgment on the ver
dict and to certify therein that Hilton
Is the principal and that the plaintiffs
In error are sureties on the bond.
In the district court the clerk la
certifying the case failed to state , In
accordance with the provisions of the
code of civil procedure , that some of
the defendants In the action were sure
ties. The supreme court held that this
Is reversible error , although the matter
was not brought to the attention of the
lower court by motion or otherwise.
The action against Hilton and his
bondsmen , was instituted to recover
$5,022,50 , .which he was alleged to have
received for Inspecting gasoline. The
defendants contended hat the Inspec
tion of gasoline was not an official act
and that for that reason the oil Inspector
specter should not bo held liable for
the amount. No part of the amount
named was accounted for by Mr. Hilton
when he retired from office.
The supreme court holds that when
the Inspector of oils examines gasoline
and places upon the cask In which It
Is contained the statutory brand of
condemnation he performs-an official
act and that the fees received by him
for the services are officially received.
The bondsmen In the case are Richard - f
ard Dlaco , W. C. Walton , B. A. Stewart \
and John M. McKeen. According to ?
the decision of the court they are liable , f
for the amount of the shortage. J | t f I
Depository IJondB.
Interpretation of the1 new law cutting
down the rate of Interest on state funds
In state depositories and preventing
'
officers of banks from being accepted
as sureties on depository bonds has
been puzzling State Treasurer Meservo.
The three state officers comprising the
board that passes upon such bonds
recently determined to require all de
positories to give new bonds. The
officers of r several'Ibanks have asked
"
the state"treasure , } ] j-hiqther the new
law applies to directors of banks. In
some cases the banks do not want to
ask citizens to sign a depository bond
unless persons Interested In the bank
first sign. It was thought that direc
tors arc not really officers and might
not be prohibited from signing. This
question was placed before Attorney
General Smyth , who added to It a second
end question , whether If a director
signs n bond he can be held on the
bond In case It Is subsequently deter
mined that a director Is an officer.
Many banks are giving bonds signed
by guarantee companies , but as a re
newal of depository bonds Is to be
required , all bankers holding state
funds are Interested In an Interpreta
tion of the law. .
Attorney General Smyth believes a
director of a bank Is not an officer of
a bank under the meaning of the state
law , and therefore such persons may
be accepted as sureties on depository
bonds. He believes also that if direc
tors sign they may bo held liable.
The Lamented Stntxnnborg.
The governor Is In receipt of a * letter
from the father of Oolonel Stotsenberg ,
as follows : '
"NEW ALBANY , Ind. , Hon. W. A.
Poynter , Governor of Nebraska. Dear
Sir : I thank you personally , and as
the representative of the people of
Nebraska , for your tender and touching
letter and tender expressions of sym
pathy. It Is true that we have lost our
first born , but It Is consolatory to know
that ho died for Nebraska and for the
nation on the field of battle and as
the leader of as bravu und well disci
plined an American regiment as ever
marched against an enemy ; that he
worked and tolled for the comfort and
welfare of the fighting First Nebraska ;
that he was as proud of It as a fond
mother Is of a beloved child ; that he
aided in making ( through Its heroism
and gallantry on the battlefield ) the
place of honor for the great state ot
Nebraska among her sister states when
the history of this war Is written , and
that he freely and cheerfully gave up
his life for his country , greatly allevi
ate the bitterness and anguish of this
severe bereavement. Yes , as you say ,
"ho added honors to Nebraska and died
like a hero. " Please thank Adjutant
General Barry and the Hon. William
L. Stark for their kind words of con
dolence. Very respectfully yours.
' JOHN B. STOTSENBERG. "
NobniHkn Crop llullctlu.
The past week , says the Nebraska
crop bulletin , has been warm , with
high winds , much sunshine and an
excess of rainfall. The average dally
temperature excess has varied from 9
degrees In the eastern counties to i
degrees in the western.
The rainfall has been above normal ,
except In a few counties along the
southern border of the state. Most of
the rain fell in the last two days of
the week and the ground was very dry-
In most parts of the state during the
greater part of the week.
The past week has been favorable
for farm work and rapid progress has
been made In most counties. How
ever , in a few localities the dry soil
the first of the week retarded the work
somewhat. Small grain Is now nearly
all sown and the early sown Is coming
up rather unevenly In most localities
because of the dry condition of the
soil. Winter wheat has Improved
slightly In the extreme southeastern
counties , but most of the crop In the
state Is dead. Plowing for corn has
been general In all counties and a largo
proportion of the corn ground Is now
ready to plant , but as yet very little
corn has boon planted.
Not .
Crelghton has re-elected all of Its
teachers.
An Insurance rate war Is threatened
at Hastings.
The Atlantic Roftlty association of
Omalm filed articles of Incorporation
with the secretary of stato. The as
sociation has a capital stock of $50-
000. The Incorporators are S. Patton
Williams. Henry F. Palmer and Fre
mont M , Russoll.

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